Daram

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE COX, JR., No. 2:20-cv-1295 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

VASUKI DARAM, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff alleges that defendants violated the Eighth Amendment, the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”) by refusing to permit him to use his continuous positive airway pressure (“CPAP”) machine and by housing him with inmates who tested positive for COVID-19. Before the court are: (1) defendants’ motion to dismiss the second amended complaint for plaintiff’s failure to exhaust his administrative remedies before filing this lawsuit; (2) plaintiff’s motions for a preliminary injunction; and (3) plaintiff’s motion to submit evidence. For the reasons set forth below, this court grants plaintiff’s motion to submit evidence and recommends defendants’…